Austin Child Custody Lawyer

Austin Child Custody Attorney

Divorce and other family law proceedings that involve children can often be contentious. Our Austin child custody lawyers encourage parents to always put the needs of children first when involved in a divorce, child custody, child visitation, paternity or other contested family law matter.

Parents who are no longer together often have difficulties agreeing on the terms of custody of their children. When parents cannot agree on child custody and visitation arrangements, the court must step in and decide. Parents should be aware that their behavior may harm their chances when seeking partial or full custody of their children. Our experienced Austin child custody lawyers can guide you through the child custody process.

Determining Child Custody in Austin, Texas

The court’s primary concern in child custody matters is the best interest of the child. The court has great discretion when making custody determinations, but case law has laid out the specific factors judges should consider when making custody determinations in Texas, including:

• The child’s wishes
• The current and future emotional and physical needs of the child
• Any current or future emotional and physical danger to the child
• The parenting abilities of each parent
• The programs available to assist each parent to promote the best interest of the child
• The plans for the child by each parent
• The stability of the proposed home
• The acts or omissions of the parent which may indicate parental fitness, and any explanations for such acts or omissions

Custody battles are often contentious and can be complex because the court considers so many factors when making decisions in these cases. If you are having issues with child custody, consult an experienced child custody attorney in Austin, Texas who can advise you of your options.

Types of Conservatorship in Texas

In Texas, there are three types of conservatorship arrangements ordered by courts. These include:

• Joint Managing Conservatorship: Also called “joint custody,” this arrangement happens when both parents are capable of parenting and willing to participate in their child’s life and overall well-being. For joint managing conservatorship, both parents must create a court-approved parenting plan, specifying each parent’s rights, roles, and responsibilities. This also involves custody or visitation guidelines.
• Sole Managing Conservatorship: This type of conservatorship gives one parent full authority to make decisions about how to raise the child. Also called “sole custody,” this arrangement generally occurs when one parent is deemed the safer, more present option for the child’s best interest.
• Possessory Conservatorship: The parent not given managing conservatorship is designated as the possessory conservator. This gives the parent legal rights to visitation even if they are not the primary caregiver. However, the parent with possessory conservatorship does not have the power to make major decisions for the child. This arrangement is often made when joint custody is not in the best interest of the child or if a non-parent becomes the sole managing conservator.

FAQs

Q: How Much Does a Child Custody Lawyer Cost in Texas?

A: Many child custody lawyers in Texas charge a per-hour rate, with some requiring an upfront retainer fee. The complexity of your case determines how long it will take your lawyer to work on your case and what the overall cost might be. Lawyer fees could also vary based on the lawyer’s experience and where they’re located. When you schedule an initial consultation with your Austin child custody lawyer, you can ask for an estimate of the overall expected costs.

Q: How Much Does It Cost to Fight for Custody in Texas?

A: The complexity of your child custody case can affect the overall cost. Besides the hourly rate owed to your child custody lawyer, expect to pay legal fees and court filing costs. If your case requires professional witnesses or a deeper investigation, you might need to be prepared to pay for these as well.

Q: What Not to Say During a Custody Battle?

A: When you’re working through a child custody case, it’s important not to say anything negative about the other parent and remain respectful. Your focus should be on why you are the better choice for custody rather than why the other parent is unfit. Avoid using threats or ultimatums, and never lie or exaggerate truths. While child custody cases can be emotionally taxing, never resort to asking your child to take sides against your ex.

Q: Who Wins Most Child Custody Cases?

A: Statistically speaking, mothers win custody cases more often than fathers. However, the goal of the court is to rule in favor of what’s in the best interest of the child, regardless of the parent’s sex. The parent who is able to provide the safest and most secure living situation is most likely to secure custody.

Helping Your Family Work Through Child Custody in Austin, TX

Through communication, mediation, collaborative divorce and other creative means of dispute resolution, our Austin child custody attorney have helped many clients protect their parental rights, while resolving divorce and family law cases amicably. When disputes are not resolved by agreement, attorneys Jimmy Vaught, Erin Leake, and Jillian French have the trial experience necessary to act as powerful advocates in the courtroom.

We Advocate for Your Family

Jimmy Vaught — Board-Certified in Family Law and Civil Appellate Law By the Texas Board of Legal Specialization with decades of legal experience — and his associates Erin Leake and Jillian French represent a wide range of family law matters that affect parental rights and financial support for children, including:

• Divorce
• Child support
• Child custody, including high conflict custody matters
• Visitation, including new developments in Virtual Visitation Rights
• Modifications of custody, visitation arrangements, and child support
• Parental relocation disputes
• Enforcement of child support orders

Contact our office today to discuss your custody case.